CESM Minutes 02/17/2017 February 17, 2017
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, February 17, 2017
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business
herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F," 3rd
floor, Collier County Government Complex, Naples, Florida, with the following persons present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESENT:
Kerry Adams, Code Enforcement Specialist
Chris Ambach, District Supervisor
1
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: February 17,2017 at 9:00 A.M.
LOCATION: Collier County Government Center,3299 East Tamiami Trail, Building F,3rd Floor,Naples,Florida 34112
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A
RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL
BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER—Special Magistrate Brenda Garretson presiding
A. Hearing rules and regulations
IL APPROVAL OF AGENDA
III. APPROVAL OF MINUTES-January 6,2017
IV. MOTIONS
A. Motions for Continuance
B. Motions for Extension of Time
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. Hearings
I CASE NO: 50136956-CEEX20160020878
OWNER: JORDAN TOMPKINS
OFFICER: DEPUTY MELENDEZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
UNLAWFUL AREA,BLOCKING SIDEWALK
VIOLATION
ADDRESS: 2265 VALENCIA LAKES CIRCLE,NAPLES
2. CASE NO: S0183412-CEEX20160021366
OWNER: JOANA LYNCH
OFFICER: DEPUTY MCCORMICK
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: 9123 STRADA PLACE,NAPLES
3. CASE NO: S0182346-CEEX20170000416
OWNER: JOHN RIGO
OFFICER: DEPUTY ALLEN
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: UNKNOWN
4. CASE NO: PR057195-CEEX20160020026
OWNER: MAUREEN LEARY-JACO
OFFICER: PARK RANGER RICHARD MAUNZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT, PERMIT NOT VALID
VIOLATION
ADDRESS: BAREFOOT BEACH ACCESS,NAPLES
5. CASE NO: PRO57158-CEEX20160021427
OWNER: CHARLES GARRIOTT
OFFICER: PARK RANGER M.ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT, EXPIRED BEACH STICKER
VIOLATION
ADDRESS: GULF SHORE ACCESS,NAPLES
6. CASE NO: DAS20689-CEEX20170001752
OWNER: NATALIE PORTER
OFFICER: PAM WHALEY
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14, ARTICLE II, SECTION 14-35(1)(E).
COMMIT AN ACT OF ANIMAL CRUELTY
VIOLATION
ADDRESS: 7812 STRATFORD DRIVE,NAPLES
7. CASE NO: CEPM20140002133
OWNER: BILLY M.JOHNSON
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI,
SECTION 22-241(4). BOARDING CERTIFICATE EXPIRED. RECURRING VIOLATION.
FOLIO NO: 62101880002
VIOLATION
ADDRESS: 5444 MARTIN STREET,NAPLES
2
8. CASE NO: CEPM20160017137
OWNER: BESS SEMBER EST
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI,
SECTION 22-231(15). POOL THAT IS GREEN, STAGNANT.AND NOT PROPERLY
MAINTAINED.
FOLIO NO: 55252560000
VIOLATION
ADDRESS: 130 PALMETTO DUNES CIRCLE,NAPLES
9. CASE NO: CEPM20160016024
OWNER: ELI MASHN1,CONNIE C.DISHONG,AND ROBERT M.DISHONG
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(19). MOLD IN DWELLING.
FOLIO NO: 25117600941
VIOLATION
ADDRESS: 6573 CASTLELAWN PLACE,NAPLES
10. CASE NO: CEV20160018809
OWNER: DOMINGO MARTINEZ AND MELIDA MARTINEZ
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. UNLICENSED VEHICLES PARKED ON THE PROPERTY.
FOLIO NO: 67032120001
VIOLATION
ADDRESS: 209 PINEHURST CIRCLE,NAPLES
1 I CASE NO: CENA20160017084
OWNER: DOROTHY F. PEIRSON EST
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54, ARTICLE VI,
SECTION 54-181 AND SECTION 54-185(A). WEEDS IN EXCESS OF 18 INCHES IN
HEIGHT AND UNAUTHORIZED ACCUMULATION OF LITTER.
FOLIO NO: 68090320004
VIOLATION
ADDRESS: 2788 PONCE DE LEON DRIVE, NAPLES
12, CASE NO: CEV20160017996
OWNER: RAYMUND T.TREJO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. INOPERABLE VEHICLE WITH EXPIRED TAGS.
FOLIO NO: 62090440003
VIOLATION
ADDRESS: 5213 CARLTON STREET,NAPLES
3
13. CASE NO: CENA20160015273
OWNER: FLORIDA GULFCOAST HOLDINGS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VL
SECTION 54-179 AND 54-181. LITTER AND DEBRIS CONSISTING OF WOOD, METAL,
PLASTIC, DISCARDED APPLIANCES, ETC.THROUGHOUT THE PROPERTY.
FOLIO NO: 01134800201
VIOLATION
ADDRESS: 246 SINGLETARY STREET,COPELAND
14. CASE NO: CEV20160015274
OWNER: FLORIDA GULFCOAST HOLDINGS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. UNLICENSED AND INOPERABLE VEHICLES ON THE PROPERTY,
FOLIO NO: 01134800201
VIOLATION
ADDRESS: 246 SINGLETARY STREET,COPELAND
15. CASE NO: CEPM20160013637
OWNER: TBW MRTG BACKED CERT TRUST
•
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N). RIPPED/MISSING SCREENS ON POOL CAGE.
FOLIO NO: 81216013305
VIOLATION
ADDRESS: 702 GRAND RAPIDS BLVD,NAPLES
16, CASE NO: CENA20160018861
OWNER: LORRAINE BURGESS AND ADRIAN BURGESS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS ANI)ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179,54-181 AND 54-185(A). WEEDS OVER 18 INCHES AND LITTER ON THE
PROPERTY.
FOLIO NO: 1134805808
VIOLATION
ADDRESS: 249 BROCKINGTON DRIVE,COPELAND
17. CASE NO: CEV20160018862
OWNER: LORRAINE BURGESS AND ADRIAN BURGESS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. UNLICENSED/INOPERABLE VEHICLE ON THE PROPERTY.
FOLIO NO: 1134805808
VIOLATION
ADDRESS: 249 BROCKINGTON DRIVE,COPELAND
4
18. CASE NO: CEAU20160001781
OWNER: GUY C.CLAYTON REV TR EST AND JEAN B.CLAYTON REV TR EST
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE II,
SECTION 22-26(B)AND COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS
AMENDED, SECTION 10.02.06(B)(1)(E)(1).PERMIT#PRHV2016020435901 FOR.
"REPLACE LINE SET" EXPIRED,INSPECTIONS AND CERTIFICATE OF COMPLETION
WAS NOT OBTAINED.
FOLIO NO: 25940000488
VIOLATION
ADDRESS: 8625 CHAMPION PT UNIT 604,NAPLES
19. CASE NO: CENA20160018864
OWNER: RENEE A.WEEKS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179 AND 54-181. LITTER ON THE PROPERTY.
FOLIO NO: 26088560009
VIOLATION
ADDRESS: 257 WORLEY STREET,CHOKOLOSKEE
20. CASE NO: CEV20160018865
OWNER: RENEE A.WEEKS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-97(5)AND 130-96(A).COMMERCIAL AND RECREATIONAL VEHICLES
NOT PROPERLY STORED ON THE PROPERTY.
FOLIO NO: 26088560009
VIOLATION
ADDRESS: 257 WORLEY STREET,CHOKOLOSKEE
21. CASE NO: CEEX20170002022
OWNER: JENNIFER JACKSON-BARNETT
OFFICER: INVESTIGATOR DANIEL GROSS!
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,
SECTION 14-36.DANGEROUS DOG.
VIOLATION
ADDRESS: DOGWOOD WAY, NAPLES
B. Emergency Cases:
VII. NEW BUSINESS
A. Motions for Reduction/Abatement of Fines:
5
B. Motions for Imposition of Fines and Lien:
I. CASE NO: CEPM20160014068
OWNER: JOSE A.DELGADO AND TAMMY B.DELGADO
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). UN MAINTAINED POOL.
FOLIO NO: 24690000409
VIOLATION
ADDRESS: 3407 FUCHSIA CT,NAPLES
2. CASE NO: CEPM20160010488
OWNER: RONALD ABEL
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(5), SECTION 22-231(11), SECTION 22-231(12)(C), SECTION 22-
231(12)(N),SECTION 22-231(13), AND SECTION 22-231(15). POOL WATER IS GREEN IN
COLOR, SCREENS ON POOL CAGE ARE TORN/RIPPED, EXPOSED ELECTRICAL
WIRES,ROOF SOFFIT DAMAGE, KITCHEN APPLIANCES THAT DO NOT WORK AND
THERE ARE APPROXIMATELY NINE UNRELATED ADULTS LIVING IN THIS SINGLE
FAMILY HOME.
FOLIO NO: 35780080001
VIOLATION
ADDRESS: 2172 41ST TERRACE SW, NAPLES
3. CASE NO: CEAU20160016271
OWNER: RICHARD L.GOSSARD JR. AND EVONNE M.ESTEP
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE II,
SECTION 22-26(B),COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS
AMENDED, SECTION 10.02.06(B)(1)(E)(1),AND 2014 FLORIDA BUILDING CODE, 5.1"
EDITION,CHAPTER 1, PART 2, SECTION 105.1. PERMIT#2001011690 FOR A CHAIN
LINK FENCE EXPIRED WITHOUT FIRST OBTAINING ALL REQUIRED INSPECTIONS
AND CERTIFICATE OF COMPLETION.
FOLIO NO: 62156880002
VIOLATION
ADDRESS: 5310 SHOLTZ STREET,NAPLES
4. CASE,NO: CEPM20160013889
OWNER: JP MORGAN MRTG TRUST
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(1 I),22-231(12)(C)(B),22-231(19). ROOF/SOFFIT IN DISREPAIR.
EXTERIOR SIDING OF STRUCTURE IN DISREPAIR, MOLD ON EXTERIOR SURFACE OF
STRUCTURE.NO ELECTRICITY IN DWELLING.
FOLIO NO: 36764920005
VIOLATION
ADDRESS: 3480 5TH AVENUE SW,NAPLES
6
5. CASE NO: CEPM20160008812
OWNER: DOROTHY F. PEIRSON EST
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N)AND 22-231(15). TORN SCREENS ON POOL CAGE AND POOL
WATER IS GREEN IN COLOR AND NOT BEING MAINTAINED.
FOLIO NO: 68090320004
VIOLATION
ADDRESS: 2788 PONCE DE LEON DRIVE,NAPLES
VIII. OLD BUSINESS
A. Motions to Amend Previously Issued Order:
B. Motions to Rescind Previously Issued Order:
1. CASE NO: CEV20160012127
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
OFFICER: INVESTIGATOR MIK.I. ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. A WHITE DODGE VAN WITH NO LICENSE PLATE AFFIXED TO IT.
FOLIO NO: 37348360006
VIOLATION
ADDRESS: 1280 25'STREET SW,NAPLES
2. CASE NO: CEPM.20160012130
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
OFFICER: INVESTIGATOR MIKE ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-228(1)AND SECTION 22-231(12)(N). BARN ROOF IN DISREPAIR, FENCE
IN DISREPAIR.
FOLIO NO: 37348360006
VIOLATION
ADDRESS: 1280 251H STREET SW,NAPLES
IX. CONSENT AGENDA
A. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive
Summary.
B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary.
X. REPORTS
XI. NEXT MEETING DATE: March 3, 2017, at 9:00 A.M. located at the Collier County Government Center, 3299 East
Tamiami Trail, Building F,3rd Floor,Naples,Florida
XII. ADJOURNMENT
7
February 17, 2017
Any person who decides to appeal a decision of the Special Magistrate will need a record of the proceedings
pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier
County nor the Special Magistrate shall be responsible for providing this record.
I. CALL TO ORDER—Special Magistrate Brenda Garretson presiding
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:03 A.M. All those
testifying at the proceeding did so under oath.
A. Hearing rules and regulations
Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. Prior to
conducting the hearing, respondents were given an opportunity to speak with their Investigating
Officers for a,resolution by stipulation. The goal is to obtain compliance without being punitive.
Recessed: 9:23 a.m.
Reconvened: 9:38 a.m.
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Specialist noted the following changes (listed below as Agenda
item numbers):
Under Item V.B —Hearings, the following cases were withdrawn:
• #1 -CASE NO: S0136956-CEEX20160020878-JORDAN TOMPKINS
• #3 -CASE NO: SO182346-CEEX20170000416-JOHN RIGO
• #4-CASE NO: PR057195-CEEX20160020026-MAUREEN LEARY-JAGO
• #5 -CASE NO: PR057158-CEEX20160021427-CHARLES GARRIOTT
• #9-CASE NO: CEPM20160016024-ELI MASHNI,CONNIE C.DISHONG,AND ROBERT M.DISHONG
• #10-CASE NO: CEV20160018809-DOMINGO MARTINEZ AND MELIDA MARTINEZ
• #11 -CASE NO: CENA20160017084-DOROTHY F.PEIRSON EST
• #15 -CASE NO: CEPM20160013637-TBW MRTG BACKED CERT TRUST
• #17-CASE NO: CEV20160018862-LORRAINE BURGESS AND ADRIAN BURGESS
• #18-CASE NO: CEAU20160001781 -GUY C.CLAYTON REV TR EST&JEAN B. CLAYTON REV TR EST
• #19-CASE NO: CENA20160018864-RENEE A. WEEKS
• #21 -CASE NO: CEEX20170002022-JENNIFER JACKSON-BARNETT
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES - January 6,2017
The minutes of the January 6, 2017 Special Magistrate Hearing were reviewed by Special Magistrate
Garretson and approved as submitted.
IV. MOTIONS
A. Motions for Continuance
None
B. Motions for Extension of Time
None
V. STIPULATIONS
None
2
February 17, 2017
VI. NEW BUSINESS
B. Motions for Imposition of Fines and Lien:
4. CASE NO: CEPM20160013889
OWNER: JP MORGAN MRTG TRUST
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(11),22-231(12)(C)(B),22-231(19). ROOF/SOFFIT IN DISREPAIR.
EXTERIOR SIDING OF STRUCTURE IN DISREPAIR.MOLD ON EXTERIOR SURFACE OF
STRUCTURE.NO ELECTRICITY IN DWELLING.
FOLIO NO: 36764920005
VIOLATION ADDRESS:3480 5TH AVENUE SW,NAPLES
Robert Hoffman, Attorney for the Respondent testified that the violation has been partially
abated and requested a Continuance to allow the violation to be completed abated. He will
ensure that the Operational Costs in the amount of$230.36 are paid.
Investigator Athey represented the County outlining the County's motion:
Fine Amount: $250.00/day
Duration: 46 days
Total Fine Amount: $11,500.00
Unpaid Operational Costs: $230.36
Total to Date: $11,730.36
He had no objection to the request for a Continuance.
Special Magistrate Garretson GRANTED the Respondent's request and CONTINUED the
case until the April hearing.
VII. PUBLIC HEARINGS
A. Hearings
7. CASE NO: CEPM20140002133
OWNER: BILLY M.JOHNSON
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-241(4). BOARDING CERTIFICATE EXPIRED. RECURRING VIOLATION.
FOLIO NO: 62101880002
VIOLATION ADDRESS: 5444 MARTIN STREET,NAPLES
Billy Johnson was present and testified the violation will be abated within 30 days and requested
a Continuance.
Investigator Athey had no objection to the request.
Special Magistrate Garretson GRANTED the Respondent's request and CONTINUED the
case until the April hearing.
VIII. NEW BUSINESS (Continued)
B. Motions for Imposition of Fines and Lien:
2. CASE NO: CEPM20160010488
OWNER: RONALD ABEL
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI,
SECTION 22-231(5), SECTION 22-231(11), SECTION 22-231(12)(C), SECTION 22-
231(12)(N), SECTION 22-231(13),AND SECTION 22-231(15). POOL WATER IS GREEN IN
3
February 17, 2017
COLOR, SCREENS ON POOL CAGE ARE TORN/RIPPED,EXPOSED ELECTRICAL
WIRES,ROOF SOFFIT DAMAGE,KITCHEN APPLIANCES THAT DO NOT WORK AND
THERE ARE APPROXIMATELY NINE UNRELATED ADULTS LIVING IN THIS SINGLE
FAMILY HOME.
FOLIO NO: 35780080001
VIOLATION ADDRESS:2172 41ST TERRACE SW,NAPLES
Ron Abel was present and testified that the violation has been partially abated since the tenant
was evicted. He requested a Continuance in the case to finish abating the violation.
Investigator Connetta represented the County and had no objection to the request.
Special Magistrate Garretson GRANTED the Respondent's request and CONTINUED the
case until the April hearing.
IX. PUBLIC HEARINGS (Continued)
A. Hearings
2. CASE NO: S0183412-CEEX20160021366
OWNER: JOANA LYNCH
OFFICER: DEPUTY MCCORMICK
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION ADDRESS:9123 STRADA PLACE,NAPLES
The Respondent was not present.
Deputy McCormick was present and testified on 12/21/16, he was notified by Mercato Security
Representatives that a vehicle was parked in a space reserved for handicapped patrons without
displaying the proper certifications. Upon arriving on scene, he confirmed the violation and
issued the citation.
Special Magistrate Garretson, after hearing the testimony UPHELD issuance of the Citation
and ordered the Respondent to pay a $250.00 fine, $50.00 in Operational Costs and a $5.00
Administrative Fee for a total amount due of$305.00 to be paid by March 17, 2017.
6. CASE NO: DAS20689-CEEX20170001752
OWNER: NATALIE PORTER
OFFICER: PAM WHALEY
VIOLATIONS: CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-35(1)(E).
• COMMIT AN ACT OF ANIMAL CRUELTY
VIOLATION ADDRESS:7812 STRATFORD DRIVE,NAPLES
The Respondent was not present.
Officer Whaley represented the County.
Evidence Entered: Composite Exhibit A: 10 photos date 12/8/16.
Composite Exhibit B: 3 recent photos of the dog verifying its improved
condition.
Officer Whaley testified that on 12/8/16, she took the dog into custody and the Respondent was
issued a Citation for Animal Cruelty for not feeding the dog. The dog has since been adopted
out and is back to an acceptable health condition. She believes the respondent has at least one
additional dog and a monitoring program may be established to ensure the animals in her
possession are properly cared for.
4
February 17, 2017
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence found
the Respondent GUILTY and ordered her to pay a $500.00 fine, $50.00 in Operational Costs
and a $7.00 Administrative Fee for a total amount due of$557.00 to be paid by March 17,
2017.
8. CASE NO: CEPM20160017137
OWNER: BESS SEMBER EST
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15).POOL THAT IS GREEN, STAGNANT,AND NOT PROPERLY
MAINTAINED.
FOLIO NO: 55252560000
VIOLATION ADDRESS: 130 PALMETTO DUNES CIRCLE,NAPLES
Date of Hearing Notice by Certified Mail: 1/31/17
Date of Hearing Notice Property/Courthouse Posting: 2/3/17
Investigator Musse presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 10/18/16
Composite Exhibit B: 2 photos dated 2/13/17
Exhibit C: 1 aerial photo of the property
The violation remains as of 2/17/17
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of$115.25 incurred in the prosecution of the case by March 17,
2017.
2. Chemically treat the pool water and kill the algae growth and maintain the filtration
system, to keep the pool water clean and provide bi-weekly treatments by February 24,
2017, or a fine of$250.00 per day will be imposed for each day the violation remains
thereafter or; chemically treat the pool water killing the algae growth and covering the
pool to prevent safety hazards, insect infestations, and the intrusion of rain water by
February 24, 2017 or a fine of $250.00 per day will be imposed for each day the violation
remains unabated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. If the Respondent fails to abate the
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriff's Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.25
12.CASE NO: CEV20160017996
OWNER: RAYMUND T.TREJO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. INOPERABLE VEHICLE WITH EXPIRED TAGS.
FOLIO NO:` 62090440003
5
February 17, 2017
VIOLATION ADDRESS: 5213 CARLTON STREET,NAPLES
Date of Hearing Notice by Certified Mail: 1/31/17
Date of Hearing Notice Property/Courthouse Posting: 2/3/17
Investigator Musse presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 10/28/16
Composite Exhibit B: 2 photos dated 12/1/16
Composite Exhibit C: 2 photos dated 1/13/17
The violation remains as of 2/17/17
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of the case by
March 17, 2017.
2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle
not stored within the confines of a completely enclosed structure, or store said vehicles
within£a completely enclosed structure or repair defects so the vehicle(s) is immediately
operable or remove offending vehicles from residentially zoned property by February 24,
2017 or a fine of$50.00 per day will be imposed until the violation has been abated..
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. If the Respondent fails to abate the
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriff's Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.25
13.CASE NO: CENA20160015273
OWNER: FLORIDA GULFCOAST HOLDINGS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179 AND 54-181.LITTER AND DEBRIS CONSISTING OF WOOD,METAL,
PLASTIC,DISCARDED APPLIANCES,ETC.THROUGHOUT THE PROPERTY.
FOLIO NO: 01134800201
VIOLATION ADDRESS:246 SINGLETARY STREET,COPELAND
Date of Hearing Notice by Certified Mail: 1/31/17
Date of Hearing Notice Property/Courthouse Posting: 2/3/17
Investigator Pulse presented the case.
Evidence entered: Composite Exhibit A: 3 photo dated 9/28/16
Exhibit B: 1 aerial photo of the property
The violation remains as of 2/17/17
6
February 17, 2017
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of this case by
March 17, 2017.
2. Abate the violation by removing all unauthorized accumulation of litter from the property
to a site intended for final disposal; or store said items in a completely enclosed structure
by February 24, 2017, or a fine of$100.00 per day will be imposed until the violation is
abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection and confirm the violation has been abated. If the Respondent fails to abate the
violation, the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriff's Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.25
14.CASE NO: CEV20160015274
OWNER: FLORIDA GULFCOAST HOLDINGS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130,ARTICLE III,
SECTION 130-95.UNLICENSED AND INOPERABLE VEHICLES ON THE PROPERTY.
FOLIO NO: 01134800201
VIOLATION ADDRESS:246 SINGLETARY STREET,COPELAND
Date of Hearing Notice by Certified Mail: 1/31/17
Date of Hearing Notice Property/Courthouse Posting: 2/3/17
Investigator Asaro presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 3 photos dated 9/28/16
Exhibit B: 1 aerial photo of the property
The violation remains as of 2/17/17
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of the case by
March 17, 2017.
2. Abate all violations by obtaining and affixing a current valid license plate for each vehicle
not stored within the confines of a completely enclosed structure; or store the vehicles
within a completely enclosed structure or, repair defects so the vehicle(s) is immediately
operable or, remove offending vehicles from residentially zoned property by February 24,
2017, or a fine of$50.00 per day will be imposed until the violation has been abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. If the Respondent fails to abate the
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriffs Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
7
February 17, 2017
Total Amount Due: $115.25
16.CASE NO: CENA20160018861
OWNER: LORRAINE BURGESS AND ADRIAN BURGESS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179, 54-181 AND 54-185(A). WEEDS OVER 18 INCHES AND LITTER ON THE
PROPERTY.
FOLIO NO: 1134805808
VIOLATION ADDRESS:249 BROCKINGTON DRIVE,COPELAND
Date of Hearing Notice by Certified Mail: 1/31/17
Date of Hearing Notice Property/Courthouse Posting: 1/31/17
Investigator Asaro presented the case.
Evidence entered: Composite Exhibit A: 3 photos dated 9/28/16
Exhibit B: 1 aerial photo of the property
The violation remains as of 2/17/17.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay operational costs in the amount of$115.48 incurred in the prosecution of this case by
March 17, 2017.
2. Remove all unauthorized accumulation of litter from the property to a site intended for
final disposal or store said items in a completely enclosed structure by February 24, 2017
or a fine of$100.00 per day will be imposed until the violation is abated.
3. Mowing or cause to mow all grass, weeds or unprotected overgrowth in excess of 18 inches
in height on this property by February 24, 2017 a fine of$100.00 per day will be imposed
for each day the violation remains.
4. NotifyCode Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. If the Respondent fails to abate the
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriff's Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.48
20.CASE NO: CEV20160018865
OWNER: RENEE A.WEEKS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-97(5)AND 130-96(A). COMMERCIAL AND RECREATIONAL VEHICLES
NOT PROPERLY STORED ON THE PROPERTY.
FOLIO NO: 26088560009
VIOLATION ADDRESS: 257 WORLEY STREET,CHOKOLOSKEE
Date of Hearing Notice by Certified Mail: 1/31/17
Date of Hearing Notice by Personal Service: 1/31/17
Investigator Asaro presented the case.
8
February 17, 2017
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 1/9/17
ExhibitB: 1 aerial photo of the property
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of the case by
March 17, 2017.
2. Store the commercial vehicle in the rear yard and concealing it from view or storing it
within a completely enclosed structure, or removing it from residentially zoned property by
February 24, 2017 or a fine of$50.00 per day will be imposed until the violation has been
abated.
3. Store the recreational vehicle in the rear yard and concealing it from view or storing it
within a completely enclosed structure, or removing it from residentially zoned property by
February 24, 2017 or a fine of$50.00 per day will be imposed until the violation has been
abated.
4. Obtaining and affixing a current valid license plate to each vehicle not stored within the
confines of a completely enclosed structure, or store said vehicles within a completely
enclosed structure or remove offending vehicles from residentially zoned property by
February 24, 2017 or a fine of$50.00 per day will be imposed until the violation has been
abated..
5. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. If the Respondent fails to abate the
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriff's Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.25
B. Emergency Cases:
None
Break: 10:41 a.m.
Reconvened: 10:55 a.m.
X. NEW BUSINESS
A. Motions for Reduction/Abatement of Fines:
None
B. Motions for Imposition of Fines and Lien: (Continued)
1. CASE NO: CEPM20160014068
OWNER: JOSE A.DELGADO AND TAMMY B.DELGADO
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15). UNMAINTAINED POOL.
FOLIO NO: 24690000409
VIOLATION ADDRESS: 3407 FUCHSIA CT,NAPLES
Date of Hearing Notice by Certified Mail: 1/31/17
Date of Hearing Notice Property/Courthouse Posting: 2/7/17
9
February 17, 2017
The Respondents were not present.
Investigator Athey presented the case noting the violation has been abated.
Special Magistrate Order: 12/2/16
Fine Amount: $250.00/day
Duration: 50 days
Total Fine Amount: $12,500.00
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
3. CASE NO: CEAU20160016271
OWNER: RICHARD L.GOSSARD JR.AND EVONNE M.ESTEP
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE II,
SECTION 22-26(B),COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS
AMENDED, SECTION 10.02.06(B)(1)(E)(I),AND 2014 FLORIDA BUILDING CODE, 5TH
EDITION,CHAPTER 1,PART 2, SECTION 105.1.PERMIT#2001011690 FOR A CHAIN
LINK FENCE EXPIRED WITHOUT FIRST OBTAINING ALL REQUIRED INSPECTIONS
AND CERTIFICATE OF COMPLETION.
FOLIO NO: 62156880002
VIOLATION ADDRESS:5310 SHOLTZ STREET,NAPLES
Date of Hearing Notice by Certified Mail: 1/31/17
Date of Hearing Notice Property/Courthouse Posting: 2/3/17
The Respondents were not present.
Investigator Musse presented the case noting the violation has not been abated.
Special Magistrate Order: 12/2/16
Fine Amount: $50.00/day
Duration: 1/3/17 —2/17/17 (46 days)
Total Fine Amount: $2,300.00
Unpaid Operational Costs: $230.13
Total to Date: $2,530.13
Finding the Notice of Hearing was properly served,Special Magistrate Garretson
GRANTED the County's Motion for Imposition of Fines for a total amount due of$2,530.13.
Said amount to become a lien on the property with fines continuing to accrue.
5. CASE NO: CEPM20160008812
OWNER: DOROTHY F.PEIRSON EST
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N)AND 22-231(15). TORN SCREENS ON POOL CAGE AND POOL
WATER IS GREEN IN COLOR AND NOT BEING MAINTAINED.
FOLIO NO: 68090320004
VIOLATION ADDRESS:2788 PONCE DE LEON DRIVE,NAPLES
Date of Hearing Notice by Certified Mail: 1/31/17
Date of Hearing Notice Property/Courthouse Posting: 1/28/17
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has been partially abated.
Special Magistrate Order: 9/2/16
Fine Amount: $250.00/day
10
February 17, 2017
Duration:, 9/10/16—2/17/17 (161 days)
Total Fine Amount: $40,250.00
Unpaid Operational Costs: $230.43
Unpaid Abatement Costs: $2,500.00
Total to Date: $42,980.43
Finding the Notice of Hearing was properly served,Special Magistrate Garretson
GRANTED the County's Motion for Imposition of Fines for a total amount due of$42,980.43.
Said amount to become a lien on the property with fines continuing to accrue.
XI. OLD BUSINESS
A. Motions to Amend Previously Issued Order:
None
B. Motions to Rescind Previously Issued Order:
1. CASE NO: CEV20160012127
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
OFFICER: INVESTIGATOR MIKE ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. A WHITE DODGE VAN WITH NO LICENSE PLATE AFFIXED TO IT.
FOLIO NO: 37348360006
VIOLATION ADDRESS: 1280 25TH STREET SW,NAPLES
Special Magistrate Garretson GRANTED the County's Request.
2. CASE NO: CEPM20160012130
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
OFFICER: INVESTIGATOR MIKE ODOM
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-228(1)AND SECTION 22-231(12)(N). BARN ROOF IN DISREPAIR,FENCE
IN DISREPAIR.
FOLIO NO: 37348360006
VIOLATION ADDRESS: 1280 25TH STREET SW,NAPLES
Special Magistrate Garretson GRANTED the County's Request.
XII. CONSENT AGENDA
A. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in
Submitted Executive Summary.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and
GRANTED the County's Request.
B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive
Summary.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and
GRANTED the County's Request.
XIII. REPORTS
None
XIV. NEXT MEETING DATE: March 3, 2017, at 9:00 A.M. located at the Collier County
Government Center,3299 East Tamiami Trail, Building F, 3rd Floor, Naples,Florida
11
February 17, 2017
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 11:10 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
1,
)l) ki
da Garretson, pecial Magistrate
The Minutes were approv d by the Special Magistrate on _ (
as presented , or as amended
12